The rapid development of governmental institutions in the last quarter
of the thirteenth century led inevitably to a corresponding increase in
the communal burdens of local administration. Studies in local administration
at this period adequately demonstrate the multiplicity of functions performed
by shire officials, and the pervasive interests of the central government
in maintaining law and order at all levels. Helen Cam, for instance, found
166 royal and 22 seignorial officials active in Essex between 1254 and
1274, even before the innovations of Edward's reign. [1]It
has been argued that this proliferation of officialdom so extended the
duties of local government that it far outstripped the resources available
to discharge such service. Thus it is assumed that knights at this period
were scarce and precious in local government, and that the machinery of
government was, in some counties, in danger of collapsing for want of properly
qualified officials, or, in others, pressing heavily upon a small group
of men who were scarcely able to the bear the strain. [2]However
by no means all of these officials were of knightly status, or needed to
be, nor did they all perform separate and distinct functions. The duties
of undersheriffs, bailiffs, clerks, and possibly even coroners, fell to
persons well below the level of knights. R.F. Treharne, for example, mentions
only sheriffs, coroners and escheators as officials for whose posts the
status of knight was essential; and he implies that even these elite offices
would heavily burden a county in which only fifty knights were available
for service. [3]These
figures must be approached with caution. Even if one were to add to Treharne's
three official posts a further seven hypothetical posts for which knights
were essential a pool of fifty knights should, in theory, be able to discharge
a total of ten official functions continuously over a period of thirty
years at the rate of six years service per individual knights. That is
to say, no single knight would necessarily spend more than one fifth of
his hypothetical adult life in the duties of local administration. The
truth, as Denholm Young has rightly shown, is that only a minority of counties
could draw on such resources and in 1295 he estimated that at least twenty
counties would have been unable to properly constitute a Grand Assize from
knights resident in the county
[4]The
proliferation of offices of local government is no guarantee of their actual
performance, nor were the majority of local government offices restricted
to knights. The extent to which the local gentry, knights or otherwise,
were in fact burdened with office therefore remains open to question.
The present chapter is not intended to be an analysis or description
of local government in Essex, nor will it attempt to enumerate all of the
offices which local gentry might have been expected to perform during the
latter part of the thirteenth century. It is concerned with the more restricted
discussion of the administrative and quasi administrative offices or functions
known to have been performed by the knights in the Essex sample, and with
the extent to which these offices constituted a genuine burden on the time
of the gentry.
In all some twenty five separate functions emerge. Not all were necessarily
restricted to the knights, but all came within the generally accepted framework
of thirteenth century local administration, and they reveal two major areas
in which the knights were particularly active. The first major area is
that of public administration properly so defined and subdivides into three
further sectors. These were, firstly, the executive sector, which includes
the offices of sheriff, coroner keeper of the peace, bailiff, custodian
and the two additional central government functions of parliamentary representative
and tax collector which will be dealt with separately. With the exception
of the latter two functions which were by their nature occasional and intermittent
the remaining executive offices were, in principle continuous and could
be considered to be virtually full time posts. The second category consists
of intermittent or occasional offices including judicial commissions of
oyer and terminer, gaol delivery, special or extraordinary commissions,
and such administrative duties as inspecting walls, ditches and sea defences.
Lastly, the communal sector, including jury service, the exercise of franchisal
rights within seigorial jurisdictions, and the performance of a variety
of other communal obligations which were inherent in the county rather
than imposed from outside by the central government. These latter duties
could be both continuous and occasional.
Each of these subdivisions represents the knights as 'operators' of
local government, although the last category is very much on the borderlines
between public and private business. Nevertheless feudal franchises still
entailed real governmental obligations with respect to the communities
under the authority of the franchise holder and failure to perform these
duties could lead to central government penalties, especially when Edward
Ist began to investigate franchisal rights and transform them into genuine
public obligations. [5]
The second major area in which the knights were particularly active
was that of private business, in which they acted as litigants in the courts,
as sureties for the behaviour or debts of their friends and associates,
as witnesses to legal instruments, as enrolled debtors or creditors, as
parties to fines for conveyances and as litigants generally, both plaintiffs
and defendants. In each of these categories the knights or gentry were
acting as users or consumers of the institutions of government, utilising
the courts and other agencies of government as a means of furthering their
own private interests, or the interests of others. This chapter is concerned
with the role of the Essex gentry as 'operators' of government. In the
next following chapter some consideration will be given to their activities
as consumers, together with some assessment of their relative performance
in both categories. The survey follows the pattern of the preceding chapters
by dividing the sample of knights into four principal groups, parliamentary
[A]
assessors and collectors
[B] , resident in Essex [C] and
non resident [D]and will work through the offices of government
from the top down.
The most prominent office in local administration was that of sheriff;
'one of the most useful and efficient parts of the Angevin system of government',
and, because of the tyrannies to which a royal or baronial sheriff might
feel himself attracted, one of the primary targets of the baronial reformers
in 1259-60. [6] In
this, as in many other respects, the baronial party attempted to limit
tenure of the shrievalty to local 'vavasors' or gentry, formally elected
top the office in the county court. The aims of the reformers of 1260 were
not substantially altered by Edward Ist.
Six of the knights in the sample held office as sheriffs during the
reign of Edward Ist. Four of these came from Groups A and B, and one each
from groups C and D. They were, in chronological order; Lamburn [D], Blount
[A], Boxsted [C], Grapinel [A], Gros [B], Lee [A] [twice]. In addition
two other knights in the sample, Baud [B] and Goldingham [D] acted as sheriff
during the first three years of the reign of Edward IInd. [7]
Taken individually, William de Lambourn was sheriff from July 1285 to
the end of 1286. His career is a paradigm for the penalties of medieval
office. Whilst still acting as sheriff he was amerced 6d and fined £10
for various defaults and transgressions and in addition his lands and goods
were ordered to be distrained to compel him to account for debts amounting
to £12 or more. [8]Three
years after he had given up the shrievalty the Exchequer began to pursue
him in earnest for alleged outstanding debts. In 1289 his liabilities were
said to exceed £74. [9]He
was acquitted of a variety of minor debts in 1291 [10]but
in 1294 the Essex sheriff was ordered to attach William for his debts ,
and a further order for distraint in 1298 suggests that he owed more than
£200. [11]Finally,
in 1299, at the height of Edward's desperate search for funds, his lands
and body were ordered to be attached to account for the debts of his shrievalty,
on the understanding that he had an income of more than £40 p.a.
by reason of which he could be held to answer for his debts
[12]This
expedient was presumably frustrated by William's death in 1300
[13],
but by 1303 the Exchequer was putting pressure on his son James, for the
remaining debts.
[14]These
were not met, either in 1303, or in 1307, when he was allowed a date to
settle his account [15],
and he was not finally acquitted of the debts left to him by his father
until 1309. [16]In
the space of one year., then, Lambourne incurred debts to the crown through
his service as sheriff which pursued him for the of his life, and which
lingered on to plague his son.
William de Lambourne was succeeded as sheriff by the quondam London burgess Hugh le Blount [17]whose financial competence was, if anything, even more doubtful though he seems to have been more adept at extracting himself from the clutches of the Exchequer. An initial order for the distraint of outstanding shrieval debts amounting to £470 was issued in 1289, as with Lambourne, about one year after he vacated the office. This was followed by two further orders in 1293 and 1294, the latter requiring the new sheriff to have Hugh at the Exchequer to account for his debts, but, since he did not come, the sheriff was further ordered to distrain upon his lands and goods for £404 still owing. [18]Whatever the outcome of these instruction. £380 was still owing four years later, and, as with Lambourne, the final expedient in 1299 was to attach his body to answer for his debts, again on the understanding that he had lands worth £40 per annum and issues of grain etc, with which he could be held to account. [19]Apparently Hugh was able to offer some good reason for defaulting, since all his debts were respited in 1300, pending negotiations with the Exchequer [20]and, as far as has been discovered, no further orders were issued in respect of the money owing from his period as sheriff. Whatever his failings as sheriff , Hugh was one of the most active of all the knights in the sample, and he did succeed in extracting one mark from the Burgesses of Dunstable in 1287, 'pro pluribus defaultis judaysmi'[21], though Dunstable was hardly in his shrievalty!
The remaining sheriffs in the sample were either more scrupulous in
the financial relations with the Exchequer, or else escaped detection.
None escaped entirely without blemish. Ralph de Boxted, the only resident
Group C knight to hold the office followed Blount at Easter 1288, and held
office until Michaelmas 1290. [22]In
1289 his lands were ordered to be taken into the king's hands, to discharge
a debt of £36 arising out of the shrievalty, and he was allocated
a day later in 1290 to account for a debt estimated at £40.
[23]He
apparently defaulted on the day, so a further order for distraint was issued
in 1293, and again in 1298, when his debts were said to exceed £150.
[24]His
heirs were still being hounded for a debt of £1 in 1305, two years
after his death.
[25].
Boxted was succeeded in 1290 by Henry Grapinel [A] who held the shrievalty
until May 1292. [26] He
was amerced 100s during his first year of office for failing to send his
clerk to receive mandates arising from the account of his predecessor,
and was distrained in 1292 to account for the custody of the goods and
chattels of Peter de la Mare. [27]Both
Grapinel and his successor, John Carbonel, were distrained at the end of
1292 to account for unspecified debts arising from their terms of office.
[28]Henry
was summoned to appear before the barons of the Exchequer in 1296, but
it is not clear that this was connected with his shrieval debts.
[29]His
heirs, all of them daughters, were respited his debts after his death.
[30]
John Carbonel, not on the sample, held office from May to December 1292,
and was succeeded by William le Gros [B], who appears to have kept out
of serious trouble, He was accused of presenting a false tally at the end
of his term of office in 1294, but was exonerated, and an order for distraint
of debts, issued in the same year, was backed up by a further order in
1295, to recover remaining debts amounting to no more than 66s 6d. [31]
Lastly John de la Lee [A] held office twice, from 22nd October 1299
to 26th October 1301, and from 7th October 1304 to 12th April 1306. [32]There
are no records of any debts arising from his first period of office, but
at the beginning of his second period he was accused of defaulting on a
view of account, and the Essex Coroners were ordered to attach his lands
and body. [33] His
tenure of the shrievalty was also made conditional on the presentation
of adequate sureties, but, since he continued to hold office, it may be
assumed that he was able to meet the necessary requirements. [34]
The knights in the sample represent only six out of a total of seventeen
'knights' acting as sheriffs of Essex during the reign of Edwards Ist,
and their total period of office was about twelve years our of a possible
total of thirty five years. This is consistent with an average period of
office of about two years each, for all the knights acting as sheriff within
than reign. In the cases of Blount, Gros and Lambourne the shrievalty was
the first administrative post held in the royal service, and it perhaps
significant that the debts they incurred were quite considerable, whereas
Boxted, Grapinel, Gros and Lee appear to have kept within more reasonable
limits. It might seem that the debts incurred by sheriffs resulted as much
from inexperience, or incompetence as from deliberate or supposed malversation..
There is no doubt that while the actual burden of office may have been
light, the penalties for incompetence could be formidable. Both Blount
and Lambourn were specifically said to have held lands worth £40
per annum which could be used to secure their debts, and in this, as in
other medieval posts, the provision of adequate securities was apparently
regarded as sufficient qualification for administrative responsibility.
Thus it cannot necessarily be assumed that such appointments were made
on the basis of either experience or competence, or that the sheriff was
anything more than an executive official backed up by a clerk and administrative
bureaucracy, with whom the real authority and continuity of the sheriff's
office lay. If the £40 income qualification was uniformly applied
to the office of the sheriff it would automatically restrict it to a narrower
element within the gentry, though it more than covers the £20 income
limit usually used as the criterion for distraint of knighthood.
The subsequent history of the men who acted as sheriffs suggests that their failings did not prevent them holding further offices in local government. Blount, for example, managed to account for his debts in the end, and was subsequently appointed to two other administrative posts, as Keeper of the Park at Rayliegh in 1300, and as an Assessor and Collector of the fifteenth of 1301, one of the few knights to combine representation in parliament and tax collecting, where he incurred further outstanding debts. [35]Lambourn's debts arose mainly from his failure to account for the issues of lands which had been placed in his custody during the time he was sheriff, [36]and it is easy to imagine that keeping track of such issues might not be an easy task. Again his financial failings as sheriff do not appear to have inhibited his subsequent career in local government, as will be seen. Gros, likewise, later acted as a justice, and as an Assessor and Collector of taxation, but Boxted, who held the shrievalty coterminously with the office of Keeper of the Peace from 1288-1290, [37]does not appear to have been active in any other field of public administration. Grapinel and Lee both had some experience of royal service before taking office as sheriff, [38]and, with Gros, they appear to have been slightly more competent in financial administration.
No significant judgment may be made on the strength of a mere six instances,
nor is a judgment necessary at this stage. It may be suggested, however
that since experience may not have been a necessary qualification for the
office of sheriff, that office could be discharged by any person of unknown,
or untried, ability whose potential failings, for whatever reason, could
be recouped by distraint upon his private resources. Those who sought the
office of sheriff presumably believed that they could profit personally
from it, but, as other studies have shown, the risks probably outweighed
the opportunities.
The office of Keeper of the Peace was an occasional post which might
be considered complementary to the Sheriff, and was later to provide a
precedent for the much more significant post of Justice of the Peace. It
began as an occasional appointment of a judicial or military character
commissioned for specific purposes within the county and usually in response
to emergency conditions of some kind. The office was given formal recognition
in the Statute of Winchester in 1287
[39] Only three of the knights in the sample acted as Keepers of
the Peace in Essex during the reign of Edward Ist, namely, William de Lambourn
[D] and Ralph de Boxted [C], both assigned in 1287 under the terms of the
Statute of Winchester, [40]and
Richard de Tany [C] who held office as 'custos pacis' in Essex in
1277 [41] , and as
'capitaneus et custos pacis' in Essex in 1295, a post which was
combined with his wardenship of the maritime parts of the same county.
[42]His
duties in this capacity exceeded the normal judicial functions of the Keeper
of the Peace and included powers of military command which will be discussed
later. It is not clear how long Lambourn and Boxted held office as Keepers
of the Peace. But the latter was still acting in that capacity two years
later, when he was also sheriff. [43]The
more troubled reign of Edward IInd brought more knights into commission
as Keepers of the Peace. Duresme and Blount, for example, were active between
1307 and 1310, and were both urged to be more strenuous in the performance
of their duties. Blount, Duresme and Wauton, active together in 1314, and
Wauton and Wokingdon active in 1316, when Wauton was also Warden of the
Coast from the Thames to Ipswich. [44]The
sureties which might be demanded of Keepers of the Peace are not defined,
but those appointed under the rather special conditions of 1258 were to
receive the Keeping of the Counties at the Exchequer 'and not to omit
this as they love what they hold in England and wish to dwell in the King's
realm'. [45]However,
since the Keepers appear to have been less concerned with money and more
concerned with command, other criteria of competence may well have been
applied to them.
Evidence relating to the Essex coroners, beyond simple lists of incumbents,
is hard to find. Three knights in the sample were replaced as coroners,
usually on the grounds that they were insufficiently qualified.. These
were Watevill [C], replaced in 1275, Barew [C] replaced in 1286, and Baud
[B], replaced in 1298. [46]Sutton
[A] was replaced in 1314 because 'incapacitated by age and infirmity'
[47],
John le Breton [A] was quit of the coronership of the hundred of Rochford
in 1257, leaving a vacancy was explicitly to be filled by election.
[48] John de la Lee, who had been sheriff in 1299, was replaced
as Coroner in 1318, because insufficiently qualified.
[49]Since
the evidence is almost entirely negative it cannot be assumed that other
knights on the sample did not successfully fulfil both the qualifications
and the office of Coroner, leaving no record of their appointment. Nor
is it possible to determine with any certainty the form of the qualifications
required for such service in Essex, or the period for which individuals
were expected to take office. According to Gross, the main qualifications
for the office of coroner were knighthood, residence in the county, and
sufficient lands to guarantee good behaviour. Tenure was for life, as the
case of John de Sutton implies, or during good behaviour. [50]Fleta,
quoting from the first Statute of Westminster, suggests that coroners should
be elected from among the more honourable and trustworthy knights of
the county who know bets how to discharge their office and are willing
and able to do so. [51]The
Essex evidence, such as it is, reveals anomalies. As has just been seen
John de la Lee was competent to be a sheriff in 1299, but was not qualified
to be a Coroner in 1311. The same was true of Baud, who was sheriff in
1307-8, but was not deemed qualified to act as Coroner in 1298. [52]One
other Essex Coroner, Robert Doget, who held office with Barew, was ordered
to be replaced in 1286, and in this case the reason given was that his
lands had reverted to his wife's heirs [53]thus,
presumably, removing the security necessary to enforce his good behaviour
in office. Similar instances may be found in other counties. For example,
in Northamptonshire, one Philip le Rus was elected coroner for Northampton
town, but later received a knighthood, upon which distinction he removed
himself to his estates in the country, thus precluding the proper execution
of his duties as coroner in the town. [54]In
Berkshire, William Jordan , lately elected Coroner in 1300, was replaced
because he held all of his lands on the ancient demesne and could not therefore
be subjected to Common Law.
[55] The former case is another example of the movement of a burgess
into the landed aristocracy, the latter testifies to the ingenuity of the
claims for exemption from an office which was apparently viewed by some
as burdensome.
So far as Essex is concerned three crucial factors relating to the office
of coroner are obscured. Firstly the period of service, secondly the nature
of the qualifications required to be a coroner, and thirdly the identity
of the properly qualified coroners themselves. The rolls of the 1285 Eyre
in Essex include a list of eight coroners appointed between 1285 and the
last preceding Eyre, which was probably in 1272. [56]With
the exception of Giffard and Plumberew, these were apparently men of little
social significance. Neither they not their families were listed as armigerous
in the so called Parliamentary Roll of Arms, nor enrolled
as resident knights in the 1295 Ordinance for the Defence of the Essex
coast. On the other hand there are no apparent records of the appointment
or replacement of these men on the Close or Patent Rolls, so it must be
assumed that they were thought properly qualified and held office without
question. Given an apparently paradoxical application of the qualifications
ostensibly governing the election of Coroners, it would seem that the authorities
were either totally unreasonable in their expectations, or that those best
qualified to act as Coroners were also best qualified to find excuses for
avoiding or rescinding their appointment. Since the office of Coroner was
probably the most onerous and least glamourous, not to say the least lucrative,
office in local administration it is very likely that the more powerful
amongst the gentry attempted to avoid it by following the time honoured
tradition of unloading the nastier jobs onto individuals further down the
social pecking order in the county caucus. [57]This
tendency does not necessarily lead to the conclusion that there were insufficient
knights to go round, but it does suggest a natural preference on the part
of the wealthier knights for the more lucrative and prestigious jobs in
local government. Given the office of coroner was open ended a turnover
of eight coroners in a period of 13 years between 1272 and 1285
[58]compares
with turnover of six sheriffs within the same period, and is suggests that
individual coroners may have held office from between one to three years,
though they could in theory be expected to act for life. There were, however
several coroners in the county at any one time, compared with only one
sheriff.
The three offices of Sheriff, Coroner, and Keeper of
the Peace constitute the continuous, or semi continuous, posts in local
administration known to have been performed by the knights in the sample.
Three other functions fall into a similar category, but belong more properly
to the king's private, as opposed to public administration. John de Sutton
[A] was acting SubEscheator in Essex in 1289, John Fillol [A] was
custodian of the estates of John de Dagworth in Suffolk and Essex, also
in 1289, and was held to account for their issues in 1290-1, and Geoffrey
Morel [C] was replaced as verderer after his death in 1321. [59]In
addition, two other knights acted as bailiffs in royal Hundreds and Honours
in Essex. Firstly, John de la Lee [A] who was bailiff of Hinckford and
Uttlesford Hundreds in, or before, 1285, and was also bailiff of the Honours
of Boulogne, Peverel and Rayleigh, and the Honour of Haughley in Suffolk,
in 1295 which posts he held until he became custodian of Barstable Hundred
in 1300. [60]Secondly,
William de Hanningfield [D] was fined in 1285 for his transgressions as
bailiff in an unspecified Hundred. [61]
Unlike the three major executive offices in local government the Judicial Commissions performed by the gentry were occasional or discontinuous in nature, and very specific in their purpose. They did not presuppose an extended period of service, and it may be assumed that such commissions might be discharged quite rapidly, at least as far as the minor jurisdiction of the knights was concerned. Although the presence of knights was often deemed essential to judicial investigations in the counties, the knights themselves did not generally exercise judicial authority. From the mid thirteenth century onwards it became common for the more routine pleas to be heard before itinerant justices acting in association with the local gentry who provided them with local information. During the reign of Edward Ist the gentry were allowed only limited jurisdiction in holding extraordinary commissions, either to deliver gaols, which Maitland considered to be the exercise of high criminal justice, [62]or to hear and determine specific cases which required special knowledge or rapid action. Both of these areas of jurisdiction were subsequently restricted by statute to royal professional justices, and permanent minor jurisdiction was not regained by the gentry until the semi permanent Keepers of the Peace mutated into Justice of the Peace in the fourteenth century. [63]The tendency of Edwardian legal administration would thus seem to have favoured the professional justice and excluded the amateur. In practice the former could rarely proceed without the local knowledge and informed advice of the latter, so that the gentry did not escape the duties of participation in the taking of assizes and the hearing of please. By 1300 the pressure of popular demand had so overburdened the machinery that local gentry were again being commissioned as Keepers of the Peace, to supplement the professional justices in the execution of petty justice. [64]
Commissions of Gaol Delivery were limited by statute in 1299 [65]to the authority of professional justices, but prior to that date it was customary to authorise local knights to deliver specific gaols in the counties, usually, but not always, in association with a royal justice. In Essex six of the knights on the sample were commissioned to deliver gaols, either at Colchester, or elsewhere in East Anglia, and the last recorded commission to any of them was issued in December 1296, two years before the statute was promulgated. [66]Those concerned were, in Group A, John le Breton, who held three sessions at Colchester gaol in 1287 to deliver named felons, and one sessions each at Hertford in 1287 ands 1288, again for specifically named felons. [67]In this group of commissions he was associated with R. De Boyland, a royal justice, [68], and two other local men, including, at various times, Roger Baynard, Lawrence de Plumberew, whom we have also see as a Coroner, and William de Ayette of Hertfordshire. [69]He held four further commissions, with William de Wauton [A] at Ipswich in 1292 and Norwich in 1293, one, probably in 1294, also with Wauton, at Colchester, and another in February 1296, to deliver Colchester Gaol of John, vicar of Coggeshall, who he had imprisoned three years earlier for illegally fishing in the stews of the abbot of Coggeshall. [ 70] John le Breton was more noticeably active in judicial commissions than most of the other local gentry and, may, indeed, have been a professional justice. [71] More typical of the generality of the gentry are John Fillol and Henry Grapinel, both of whom performed only one commission each, the former at Colchester in 1296, the latter at Rayleigh in November 1288, in association with Boyland, Plumberew and Baynard. [72]William de Wauton held three commissions of Gaol Delivery, all with Breton in 1292 and 1293 [73], but no such commissions were held by the knights in Group B. In Group C only the powerful and active Richard de Tany acted as a justice, delivering Colchester gaol in 1291, with Plumberew, Baynard and Horkele, and again at Colchester in 1294, though this may have been a retrospective action to clarify the records of his last commission. [74]Lastly, William de Lambourne, one of the more active knights in Group D, held three commissions at Hertford with Thomas de Sandwych, recently sheriff of Essex, in 1293, another at Colchester in 1294, and in general for Essex and Herts, also in 1294. [75]
Commissions of Oyer and Terminer were more general than those of Gaol
Delivery, and could be applied to a variety of problems where local investigation
and expert knowledge was required. [76]More
often than not such commissions were directed to deal with specific cases
and were therefore assigned on an occasional and irregular basis. As with
Gaol Delivery, the judicial authority vested in commissioners of Oyer and
Terminer was restricted to professional judges, with whom the local gentry
were associated as advisors. The most active of the Essex gentry in this
field was, again, the parliamentary knight John le Breton but as before
there is a question mark over his true identity. The cases cited here refer
only to Essex, but an individual with the same name was receiving similar
commissions in other counties, especially Norfolk and Suffolk. The John
le Breton active between 1264 and 1311 was son of William le Breton, whom
Foss identifies as one of Edward Ist's justices [77]and
a William le Breton was certainly active as a justice up to 1261, in which
year William father of John died, his lands being taken into the king's
hands as security for his debts. [78]It
is entirely possible that John followed his father into the legal profession,
though he is not identified as such by Foss. He was probably active as
a Commissioner of Oyer and Terminer in Essex from about 1279 until 1302,
and elsewhere in East Anglia, particularly in Norfolk, until his death
in 1311. [79]His activities
in Essex began in November 1279, in association with the known royal
justice Thomas de Weylond, in a case of trespass in the park of John Lovetot
[80]Further
commissions were undertaken into a murder in 1284, with justice Hamo de
Hauteyn, into an appeal in Hertfordshire in 1289, with Thomas de Bray and
William de Ayette, and with the parliamentary knight Henry Grapinel into
two cases of trespass in 1291, one in the king's park, and one in the park
of the bishop of London, the latter case being hear again later in 1291,
with justice Ralph de Sandwych.
[81] Breton acted again with Grapinel in 1292, in a trespass of
venison (poaching) in the king's park, and in two hearings of a
case of trespass in Hugh le Despenser's park, firstly in association with
the non resident group D knight William de Haningfield in September 1295,
and secondly, in December of the same year, with William de Sutton. [82]Further
cases of trespass in Hugh's park occasioned two further commissions in
1299, firstly in May to Breton in association with John de Botetourt and
Simon Bradenham, and secondly, in June, to Breton and Bradenham alone.
[83]Finally
he was appointed to a commission with justice Spigurnel in January 1302,
but was replaced in march by William of Haningfield [A]
[84] In all he received eleven commissions of Oyer and Terminer
in Essex between 1279 and 1302, of which only those of 1279, 1284 and 1302
were in association with known royal justices. It is possible that in the
remaining cases his experience of legal procedures allowed him to act as
a superior justice in association with other knights. After 1307 he appears
to have been diverted into East Anglia, receiving some fifteen commissions
of Oyer and Terminer in Norfolk and Ssuffolk between 1307 and 1311, together
with occasional commissions in Essex. [85]With
the exception of Haningfield [D], who also received ten commissions, Breton's
performance is quite exceptional by comparison with other knights in the
sample, and tends to the conclusion that was a professional justice, or
was at least considered to have qualities and skills which were not typical
of other conventional knights. Apart from attending parliament for Essex
in 1290, and, possibly assessing and collecting a tax in Norfolk in 1301,
he did very little else. [86]
The remaining knights in Group A received rather fewer commissions of
Oyer and Terminer. John Fillol may have served once in Sussex in 1307,
and again in Sussex and Kent in 1314. [87]There
is no evidence that he held lands in these counties but it was not uncommon
for local knights to be assigned to judicial tasks in other counties where,
perhaps, impartiality, or a shortage of indigenous knights, may have been
more important than immediate local knowledge. Henry Grapinel was twice
associated with Breton, in 1291 and 1292. He also acted in a case of trespass
in 1296, associated with Justice J. De Bosco, and with Justice Beresford
he investigated a complaint arising in 1297 from the execution of the will
of Robert Burnell, Edward's chancellor.
[88]In
none of these cases did Grapinel act independently as a royal justice.
John de la Lee also received three commissions, all in 1300. In March he
acted with William de Sutton in a complaint by the Commonalty of Colchester
that a whale taken at Colchester had been illegally removed by persons
unknown. In April and August he enquired with William de Milkesop into
alleged obstructions in the Thames and into trespasses in the park of Alexander
Balliol in Hertfordshire . [89]Lee
was not, apparently, associated with a royal Justice in any of these cases,
and it may be that the gravity of the cases was not such as to warrant
such authority, though the Balliol family was not to be trifled with.
William de Wauton [A] and Walter le Baud [B] were not appointed to act
on commissions of Oyer and Terminer until the reign of Edward IInd, although
both were active in other fields in the late thirteenth century.
[90] One other knight in Group B, William le Gros, received a commission
with Roger Bryan in 1289 into trespasses against the earl of Hereford in
his park in Middlesex, and a further commission with justice Spigurnel
in an appeal brought in Essex in 1301.
[91]Altogether
only four knights from the resident Group C received commissions of Oyer
and Terminer, two of them in the reign of Edward II [92]Of
the remainder, Nicholas Barrington [C] was commissioned with Justice Wengrave
to enquire who should repair the bridge at Great Laver and received three
related commissions in 1304, with Haningfield [D] and Justice Spigurnel,
into further trespasses and waste in the Earl of Hereford's park in Middlesex.
[93]Hugh
Crepping [C] received one commission with Haningfield in 1295 into poaching
in the park of Richard de Scalers
at Rivenhall in Essex,
[94]without
an associated professional justice.
Even fewer of the non resident knights in Group D were associated with
Oyer and Terminer commissions, but one of these, the already mentioned
William de Haningfield, took part in ten commissions, not all of them in
Essex. He was commissioned with Crepping, as
above, in August 1295, and in September of the same year he enquired
with Breton into trespasses in the park of Hugh le Despenser [95]The
Scalers case was apparently still outstanding in January 1296, when Haningfield
went to Gascony, leaving William de Sutton to complete the commission.
[96]A
commission with Spigurnel into robbery in Suffolk, issued in May 1299,
was also still outstanding in March 1300, when Spigurnel was replaced,
again by Sutton.
[97]On
March 22nd of the same year Haningfield, Sutton and Haward were commissioned
to enquire in trespasses and assaults in Norfolk, [98]and
in July 1302 a pardon was issued on the basis of the record of Haningfield
and Spigurnel, appointed to hear an appeal of murder earlier in the year
[99]Finally,
Haningfield was associated with Barrington and justices Spigurnel and Wengrave
into enquiries into yet more trespasses in the park of the Earl of Hereford
in Middlesex in 1304-5 [100]Of
the rest, William de Lambourne [D] was commissioned with Richard de Holebrook
in 1290 to enquire into the felling and removal of trees belonging to one
Oliver of Colchester, and , with William de Sutton, into poaching on the
lands of John Engayne in 1296. [101]
There were, in all, twenty three cases in Essex, and rather more commissions,
since several cases were heard more than once. By far the majority of the
cases arose from complaints of trespass, and, in eight out of fifteen well
defined cases, the complainant was a person of above average status, for
example, the king, the Bishop of London. Hugh le Despenser, Alexander Balliol,
and the Earl of Hereford. In sixteen of the twenty three cases local knights
appear to have acted in association with professional justices, and in
each of the five cases of murder a professional justice was present. No
known professional justices were present at the two special enquiries held
by Lee, Sutton and Milkesop in 1300, or at the enquiries held into trespasses
against the parks of the Earl of Hereford and Alexander Balliol. Complaints
of trespass by Oliver of Colchester in 1290, Roger Scalers in 1295, John
Engayne in 1296 and Hugh Bardolf in 1300 were all dealt with by local knights
apparently unaided by professional justices. [102]It
would seem, then, that local knights were not generally entrusted with
petty jurisdiction, except in cases where the complainant or the complaint
was of minor importance, or where the circumstances of the case might require
special local knowledge, as, for instance, in the case of the whale stranded
at Colchester in 1300, and the obstruction of the Thames by 'vessels' in
the same year. Both of these cases were dealt with by John de la Lee who
was also at that time sheriff of Essex and Hertfordshire and therefore
competent to discharge these matters by the authority of his office.
[103]
Another regular, but occasional, commission was that of Walls and Ditches
which was primarily administrative rather than judicial in character and
was concerned with the proper upkeep of sewers, sea defences, walls, river
banks, and ditches, all of special interest to the estuarine parts of Essex
and the coasts of East Anglia in general. [104]Five
Essex knights were involved in commissions of Walls and Ditches, three
from Group A, one each from Groups B and C. The non resident knights were
not involved at all. In Group A Hugh le Blount served in December 1290
with John de Dover ad William Gatecumbe, and William de Wauton, probably
with John le Breton in 1306. [105]The
two remaining commissions were received by Walter le Baud [B] with Richard
de Perneford and John de Dover in 1303, and by William de Lambourn [D]
with John de Luvetot in 1287. [106]
In addition to these occasional judicial and administrative commissions
many knights in the sample also received a miscellany of ad hoc
commissions, covering a wide variety of judicial, administrative or military
functions. For the most part these commissions were exceptional in character,
one offs which do not fit into a regular pattern. They have therefore been
organised in order of their performance by groups of knights, rather in
order of type.
Firstly, in the Parliamentary Group A, Hugh le Blount held two such
commissions, as keeper of the King's park in Rayleigh in 1300, and, possibly,
as a juror enquiring into knights' fees in the Hundred of Wylie, Bedfordshire,
in 1302 [107]John
le Breton, acting it seems as a professional justice, received only two
special commissions in Essex. The first was in 1300 with Jollan de Duresme
[A], and Peter de Suthchurch, into complaints of transgressions against
the Forest Charters, and the second with William le Gros [B] into the lands
and rights of the Hospital of Lepers at St Mary's Colchester.
[108]Jollan
de Duresme also acted with Breton in aforementioned commission of 1300,
and John Fillol held two quasi military commissions, as Keeper of the Essex
Coast from 1295 to 1297, in association with Robert de St Clare and Richard
de Tany [C], and as a purveyor of corn in Essex in 1303.
[109]He
may have enquired into knight's fees in Surrey and Sussex in 1314, although
the latter entry is uncertain and may refer to a different Tany.
[110]Henry
Grapinel was involved in only one ad hoc commission, in an inquest
before the sheriff of Essex into the lands and services of Stephen de Berwes,
hanged for felony. [111]John
de Tany [A] and William de Wauton [A] both received a number of commissions
in the period 1314-15, but the latter alone was active in this capacity
in the reign of Edward Ist, as purveyor of corn in Essex for the Scottish
campaign of 1306. [112]
In Group B, Bartholomew de Brianzon was one of the commissioners in the Hundredal Inquests in Surrey, Sussex and Middlesex in 1274, and was assigned in 1277 with the mayor of London in terminating a long standing plea. [113]He held two further cases in 1278, both relating to currency offences committed by Jews. [114]William le Gros was associated with Breton in the case concerning the Hospital of the Lepers in Colchester, with John de Wengrave as a Justice of Trailbaston in 1303, and with Thomas Ultyng enquiring into 'excesses' committed by archers and others on their way to Scotland in 1310. [115]Lastly, Robert de St Clare received only one commission, as Warden of the Sea Coast, with Tany and Fillol in 1295-6. [116]
In Group C Essex Residents, Richard de Tany held the commision just
mentioned, after receiving four other quasi military commissions during
the reign of Henry IIIrd. [117]Nicholas
de Barrington held only one commission in the reign of Edward Ist, into
the maintenance of a bridge at Poklmere (sic)Essex in 1302, but
he subsequently received similar commissions acting as a justice to perambulate
the Forest boundaries in 1315, and enquiring into rights in Hatfield Broadoak
in 1325. [118]Hugh
Crepping was appointed in 1279 to keep the manors of Bluntshall and Tolleshunt,
late of Nicholas Tregoz, [119]which
he subsequently claimed as his own right. The only knight in Group D to
hold an extraordinary commission was William de Haningfield, who was equally
active as an associate justice of Oyer et Terminer.
He was commissioned
in 1290 to extend the manors of Burnham and Reyndon (sic) in Essex,
to associate with the sheriff in distraining £40 landholders to serve
in Scotland in 1300, to enquire before the sheriff into trespasses in the
park of the Earl of Oxford in 1302, to enforce the prohibition on the export
of corn, victuals and money in 1307, and, in the reign of Edward IInd,
to hear complaints of prises taken against the Statute of Stamford.
[120]
Fourteen knights from each of the groups in the sample undertook special
or extraordinary commissions. Half of these had also acted on commissions
of Oyer et Terminer, and two others had done Gaol Delivery service.
Special commissions were, therefore, more common than judicial commissions
and may have been more appropriate to the knowledge and abilities of the
knights involved, especially where the commissions required familiarity
with the local topography of Essex, or some element of military knowledge.
There is also a detectable tendency for some individuals to specialise
in areas in which they appear to have had some particular experience..
The knights in the sample were also active in three other areas of public
administration; as Jurors of Presentment before Eyres and Assizes,
as holders of minor franchises, such as view of Frankpledge or the
Assize
of Bread and Ale, and as bearers of communal obligations, for example
the maintenance of roads and bridges in their localities. These categories
shade off into the uncertain borderland between private and public responsibilities,
but they were still duties of government even if their impetus came from
local obligation rather than central command.
The most common obligation was that of Jury Service, either in juries
of presentment, or on assizes, though the former service was generally
performed by all freeholders and other trusty men who were not necessarily
knights. In the 1285 Eyre in Essex, eighteen of the knights in the sample
served as jurors, either for the county, or for presentments from individual
Hundreds. They were, in Group A, Grapinel, Arderne, Duresme, Sutton and
Wauton, jurors for the Hundreds of Witham, Dunmow and Hinckford, [121]Blount,
elector for Chelmsford and juror for a Grand Assize; Breton, juror on a
jury of twelve knights and Grapinel elector of a jury for a Grand Assize.
[122]In
Group B, Baud was juror for Barstable Hundred, Brianzon for Rochford and
Dengie, Gros for Tendring, and knight juror for the county, and Twinstead
juror for Chelmsford Hundred. [123]In
Group C, Barrington and Boxted were electors and jurors in the Hundreds
of Barstable and Lexden, Burnham was a juror in Tendring, and Boxted, Crepping
and Pratellis were all jurors on a Grand Assize. [124]In
Group D, Coggeshall was a knight of the shire on a jury of twelve knights,
Mare was a juror in Harlow Hundred and Writtle Vill, though there is no
record that he ever held lands there, and was a knight of the shire on
a jury of twelve knights. [125]Other
knights served on important juries at other times; Wascoyl [B] and Morel
[C] for the county in 1314, Merk J. [D] as juror and elector in Dunmow
in 1271-2, and Lambourne [D] may have been a juror for Chelmsford in 1253.
[126]
The total number of twenty two knights acting as jurors represents about
half of the sample, and does not include other knights and substantial
freeholders whose names appear alongside the sample knights and who were
also active on juries in Essex. Seven of the twenty two knights were electors
of juries for their Hundreds, and no less than twelve sat at different
times on Grand Assizes, or as juries of twelve knights representing the
county, in the county court. These men were probably amongst the most significant
in the county caucus. They were, in the first category, Blount, Duresme,
Sutton, Wauton, Barrington, Boxted and Merk J. In the second category;
Blount, Breton, Duresme, Grapinel, Gros, Wascoyl, Boxted, Crepping, Morel,
Pratellis, Coggeshall and Mare.
Liability to jury service was urged on the gentry as a communal obligation
contingent on the status as knights or potential knights. They were also
prepared to adopt, or even usurp,. Minor rights of jurisdiction which fell
to them through the petty franchises claimed as part of their seignorial
authority. The most lucrative of the franchises commonly available to manorial
lords was the right to hold the view of Frankpledge and to enforce the
assizes of Bread and Ale, infringement of which incurred financial penalties
which were a valuable source of income to the lord of the manor. More important
lords might hold, or claim to hold, more extensive liberties such as gallows
and tumbril, infangentheof and outfangentheof, some of which
could entail the right to high capital justice normally reserved by this
time to the crown courts. Franchisal rights have been the subject of much
study by others especially in relation to the Quo Warranto inquests
of Edward Ist [127] .
Such franchises were considered by their holders to be private rights of
justice which were appurtenances of the manor, but the crown considered
them to by public obligations held by individuals as concessions from the
crown. Edward Ist attempted either to regain or, more commonly, to license
private franchises so that the crown continued to exercise some control
over them, and derived some benefit from them. However they are viewed,
franchisal rights were a significant cog in the machinery of local administration.
Reliable data on the tenure of minor franchises should, in principle, be
easily available through the two major inquests into franchises made in
1274, immediately after Edward's accession, and the various Quo Warranto
proceedings which started in earnest in the 1280s. In fact the nature of
these inquests was such that knights whose claims to franchises were dubious
might have obvious motives for concealing their liberties from the royal
justices. Thus only fifteen knights in the sample, in itself only an minimum
estimate of the total number of potential knights in late thirteenth century
Essex, held, or were deemed to hold, franchisal liberties. It must be assumed
that there were others of knightly status, or at least manorial lords,
who also held such franchises but managed to conceal them, and, as we shall
see, yet others whose right to hold such liberties was disputed by the
communities on which the burden of franchisal justice might fall. Either
way the evidence is potentially insecure.
The most common liberty was view of frankpledge, usually, but
not always, held together with the Assize of Bread and Ale. Nine
of the fifteen knights in question held either or both of these liberties
as appurtenances of their manors. In order of Groups they were, in Group
A, Breton who claimed view of frankpledge in Boxted, and Duresme who claimed
both liberties in Roding, though the jury in 1285 asserted that he had
no such liberties there.
[128] Wascoyl, in Group B, claimed frankpledge, Bread and Ale
and
waif
in
Little Henny, and two C Group knights, Gernon and Mandevill, claimed the
same liberties in their respective tenements in Easthorpe, Birch and la
Geruner (sic), and in Black Notley. [129]A
further Group C knight, John de Watevill, claimed the assize of Bread
and Ale in his tenement in Hempstead, and was also said to have a gallows
there.
[130]Three
remaining knights, all in Group D, claimed frankpledge and
Bread
and Ale alone. These were Robert de Merk in Dunmow, John de Merk in
High Roding, and Thomas Twinstead in Springfield.
[131] More complicated, or extensive franchises, were held by the
remaining six knights, and, again, the majority were in Groups C and D.
John de Beauchamp [A] held view of frankpledge and assizes of Bread
and Ale in Fifield in 1285, but was also said to have had a gallows
there
in 1275. [132]Bartholomew
de Brianzon [B] was accused of raising a gallows in West Thurrock
in 1271 in 1271-2, which no doubt caused consternation to his tenants,
and was said to have wreck, view of frankpledge
and an assize
of Bread and Ale there in 1285. [133]Four
Group C knights, all of them of above average status, held a variety of
liberties. William Gernon, for example, held the Hundred of Lexden, Pratellis
was said to have two common liberties plus Tumbril and Waif in
Sible Hedingham, and Rochford claimed wreck, tumbril, and
assize of Bread and Ale in Rochford, and frankpledge, gallows
and
Bread
and Ale in his other tenement at Elesenham. His claim to wreck
brought
him into litigation with the king, and eventually led to a petition in
parliament. [134]Lastly,
Richard de Tany was said in 1275 to hold view of
frankpledge, Bread
and Ale and gallows in Stapleford, frankpledge
and a
new assize of Bread and Ale in Rochford, and wreck in Elmstead.
[135]Under
the more rigorous examination of the justices in 1285 he was also found
to hold a tumbril in addition to his other liberties in Elmsted,
and he claimed the same liberties in Stapleford, defending by right of
long user.
[135]The
evidence of this admittedly small sample suggests that the right to have
a gallows, which implied high criminal justice normally reserved
to the crown courts and certain baronial liberties, was unusual at the
level of the county knights, and that, in general, the franchises exercised,
claimed or admitted by the Essex knights were rather minor and limited
in extent.
The gentry could also be involved in one other aspect of local administration, in its most general sense. This falls under the title of communal obligations, and includes suit at the communal courts of the County and the Hundreds, and the maintenance of roads and bridges, where such duties were obligations of tenure on certain manors. Unfortunately, as with the exercise of franchisal rights, evidence of obligations to perform communal duties tends to emerge only where those who had such obligations failed to perform them and were indicted by jurors of presentment before the justices in Eyre. Thus it cannot be assumed that there were not other knights in the sample who dutifully discharged their unknown obligations. A small minority of the knights in the sample defaulted on suit, either at the Hundred or the County Courts. These were Fillol [A], who also omitted to pay sheriff's aid, Brianzon [B], Tany R. [C] and Rochford [C] [137], all of whom were important and active in various other aspects of royal or local government. Lesser men committed lesser sins, especially in failing to pay their fair share towards
the upkeep of local bridges (pontage). Barew [C], Crepping [C],
Merk R. [D], Wauton [A], and Wokingdon [D], were all charged at some time
for default of pontage where it was due. [138]No
other instances of default of communal obligations have been discovered
within this sample, and this aspect of administration, together with franchises,
defies any firm conclusions, not least because the evidence from silence
may mean either that the duties were performed or that individuals successfully
concealed non performance. Both communal obligations and franchisal obligations
fall on the borderline between public and private administration, and the
vevidence relating to them is almost entirely negative. It cannot be used
to indicate anything other than a self evident trend, for example, that
the most important knights in a county might claim more extensive franchises
than others, and were more likely to default on their communal obligations.
About one quarter of the sample owed and defaulted on some form of obligation,
either suit of court, or pontage. Only three of the nine known defaulters
came from groups A and B, whereas about one third of the resident knights
in Group C defaulted, including both the poorer and the wealthier elements
in that Group. Similar proportions can be found with the holding of franchises.
Only fifteen of the forty two knights in the sample held, or claimed to
hold, any form of franchise, but two thirds of those claims, where presented,
came from Groups C and D, including many of the knights who were least
active in other aspects of local administration. About one third of the
knights in Group C and nearly half of those in Group D held franchises
which were challenged, compared with only one quarter of the knights in
Groups A and B.
A numerical analysis of the functions performed by the Essex knights in local administration reveals a fairly consistent bias towards the knights in Group A. Of the seven knights in the sample who acted as sheriff between 1272 and 1307, five came from Groups A and B, and one each from Groups C and D. On the other hand, of the very few knights known to have acted, however temporarily, as coroners in the same period, two came from Group C and one each from Groups A and B. All were replaced, and the only inference that may tentatively be drawn is that coroners might be appointed from lower levels in the gentry class, possibly even from other freeholders, who met the financial criteria stipulated by the central government even if they were not technically knights.
More reliable information is available for the regular judicial commissions,
and here the knights from Groups A and B generally predominated. Of the
four Keepers of the Peace, two came from Group A, and one each from Groups
C and D. All were current, or ex sheriffs and were clearly experienced
men. Commissions of Gaol Delivery were held by six knights, four from Group
A and one each from Groups C and D. Again the latter two (Lambourn and
Tany R.) were also active in other areas of local administration, and were
exceptional in this respect by comparison with other knights in the same
groups. Six of the twelve knights who held commissions of Oyer et Terminer
came from Groups A and B, compared with four from Group C and two from
Group D, and ten of the fourteen special commissions were held by knights
in Groups A and B, as against three from Group C and only one from Group
D. Lastly, three of the four knights holding commissions of Walls and Ditches
came from Groups A and B, as against one from Group D.
Taken overall the numbers are too small to be conclusive, but it is
possible to suggest that those knights who acted as either parliamentary
representatives or as collectors of taxation were also amongst the most
active, strenuous, knight in other detectable aspects of local administration.
Moreover Ralph de Boxted was the only knight in Group C to act as Sheriff,
John de Watevill was the only Coroner, and Richard de Tany the only
justice of Gaol Delivery. The total number of Group C resident knights
active in all categories of local administration other than jury service,
was no more than six out of fourteen, and the total of Group D non residents
was only two out of ten. By comparison nine out of twelve knights in Group
A and four out for six in Group B, also performed some other role in local
government.
In terms of identifying a possible caucus of Buzones active
in local government it would possible to list about twenty five names,
rather more than half the sample. Those who might be considered most active
in all categories,both judicial, executive and communal, would be
Group A | Group B | Group C | Group D |
Blount | Baud | Barrington | Coggeshall |
Breton | Brianzon | Boxted | Haningfield |
Duresme | Gros | Crepping | Lambourne |
Fillol | St. Clare | Morel | Mare |
Grapinel | Wascoil | Pratellis | Merk J. |
Lee | Tany R | ||
Sutton | Watevill | ||
Tany J. | |||
Wauton |
If this list is restricted to those executive and judicial functions
which might necessitate some special skill or commitment the list drops
to around seventeen names, with a marked and obvious predominance of knights
from Groups A and B.
Group A | Group B | Group C | Group D |
Blount | Baud | Boxted | Haningfield |
Breton | Brianzon | Tany R | Lambourne |
Duresme | Gros | Watevill | |
Fillol | St. Clare | ||
Grapinel | |||
Lee | |||
Sutton | |||
Tany J. | |||
Wauton |
Lists of this kind, whilst useful as stage in the winnowing process,
are still too crude to serve as a reliable index of performance. In particular
they refer only to the numbers of knights holding various categories of
office, rather than to the total period of time spent by each participating
individual in the various functions of local government. This question,
and its relation to the private business activities of the Essex gentry,
will be considered in the next chapter.